Professional Documents
Culture Documents
0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
(This work is based on Atty. Gerard Chan’s syllabus for the Special Proceedings subject as taught
in FEU-IL. Notes in red are opinions of the review lecturer,1 of authors2 on the subject, or of the
reviewee. Cited provisions are from the Rules of Court unless otherwise provided.)
SPECIAL PROCEEDINGS
R72 (subject matter & applicability of general rules)
Meaning & scope of special proceedings
1. Special proceeding, defined (R1, S3[c]): remedy by w/c a party seeks to establish –
(a) Status
(b) Right
(c) Particular fact
2. Scope (S1[a]-[n]): [CATCH-AGED-SHARC]
- Change of name
- Absence & death; declaration of
- Trustees
- Constitution of family home
- Hospitalization of insane persons
- [Judicial] approval of voluntary recognition of minor natural children
- Guardianship & custody of children
- Escheat
- [Voluntary] dissolution of corporations
- Settlement of estate of deceased persons
- Habeas corpus
- Adoption
- Rescission & revocation of adoption
- Cancellation of correction of entries in the civil registry
J. Herrera adds: liquidation, corporate recovery, & arbitration
Cases: (a) Vda. de Manalo vs. CA – Art. 222, CC (i.e. the “earnest efforts” rule) applies only
to ordinary civil actions & not to special proceedings
(b) Natcher vs. CA – usually, in special proceedings, no formal pleadings are required
(XPN: where the statute expressly provides otherwise); also, the remedy is granted
generally upon application/motion
Nature of special proceedings
Case: Tabuada v. Ruiz – special proceedings are NON-CONTENTIOUS in nature (i.e. do not
depend on the will of an actor, but on a state/condition of things/persons not entirely w/in the
control of the parties interested)
Implication: failure to consummate a compromise agreement/amicable settlement does
not justify dismissal (w/c is to be ordered "only in the extreme case where the
termination of the proceeding is the sole remedy consistent w/ equity & justice")
Applicability of rules on civil actions (S2) – absent special provisions + as far as practicable
1
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
Overview of procedure
[A] >No will
>No debts
>Extrajudicial settlement
>Distribute to heirs
[B] >With will
>Whether there are debts or not
>Probate
>Issuance of letters testamentary
>Inventory/accounting
>Entertain claims against estate, if any
>Pay debts, expenses of administration, taxes, etc.
>Distribute to heirs
[C] >With will
>With debts not exceeding P10K
>Summary settlement
[D] >Affidavit of self-adjudication
2
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
3
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
:
A: Action for DAMAGES vs. heirs responsible for fraudulent exclusion (PEZA vs. Fernandez)
Summary settlement of estates of small value (i.e. where estate’s gross value ≤ P10K) (S2)
As distinguished from extrajudicial settlement per se –
SUMMARY SETTLEMENT OF ESTATES
EXTRAJUDICIAL SETTLEMENT
OF SMALL VALUE
Does not require court intervention Requires court intervention
Value of estate is immaterial Gross value of estate ≤ P10K
Allowed in both testate & intestate
Allowed only in intestate succession
succession
Proper only when there are no outstanding
Proper even if there are debts (the court
debts of the estate at the time of
will make provisions for payment thereof)
settlement
Instituted by any interested party & even
Can be resorted to only at the instance (&
by a creditor of the estate, w/o consent of
by agreement) of all the heirs
all the heirs
4
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
5
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
1. Of legal age
2. Resident of PH
3. Competent, i.e. to whom S1(c) is inapplicable (not unfit – in the opinion of the court – to
execute the duties of his/her trust by reason of drunkenness, improvidence, want of
understanding/integrity, conviction of an offense involving moral turpitude)
Order of preference in appointment of administrator (S6)
1. SURVIVING SPOUSE, or NEXT OF KIN, or BOTH (@ court’s discretion) – or to SUCH
[other] PERSON AS [the former] REQUESTS TO HAVE APPOINTED*
2. ONE OR MORE OF THE PRINCIPAL CREDITORS* (where those in [1] are
incompetent/unwilling, or neglected to apply for admin./request that admin. be granted to
another person w/in 30 DAYS after death of decedent)
3. SUCH OTHER PERSON AS THE COURT MAY SELECT (in absence of [2])
[*common element = competence & willingness to serve!]
Case: Uy vs. CA – granted that the probate court cannot arbitrarily disregard preferential rights
of surviving spouse to administration, but if such person enjoying preferential rights is
UNSUITABLE, the court may appoint another person
[e.g. adverse interest of some kind/hostility to those immediately interested in the estate]
R79 (opposing issuance of letters testamentary, petition & contest for letters of admin.)
Interested party (S1) – “any person interested in a will”
Case: Tayag vs. Tayag-Gallor – “interested party” = one who would be benefited by the
estate (e.g. heir; one w/ a claim against the estate like a creditor); interest must be
material and direct, not merely indirect or contingent
∟ Thus, where the right of the person filing a petition for the issuance of letters of
administration is dependent on a fact w/c has not been established, or worse,
can no longer be established, the interest of said person is contingent only, &
does not make him/her an interested party (here, an illegitimate child who
petitioned for letters of administration is still an interested party
notwithstanding the fact that judicial recognition can no longer be done,
the parent-decedent being dead, as filiation can still be established by
proving voluntary recognition!)
6
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
7
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
Case: Garcia vs. Garcia – a court w/c takes cognizance of [in]testate proceedings has
jurisdiction to determine WON prop. is part of the estate, & thus to be included in the inventory
Period (S1) – w/in 3 MONTHS after his/her appointment
GR: Question re: title to property cannot be passed upon on testate or intestate proceedings
XPN: Provisional inclusion in inventory –
Cases (a) Guingguing vs. Abuton – where one prays merely for inclusion/exclusion
: from the inventory of the property, in w/c case the probate court may pass
PROVISIONALLY upon the question w/o prejudice to its final determination
in a separate action
(b) Cuizon vs. Ramolete – if the properties in question are indisputably part of
the estate, well & good, but if there is a dispute, the parties have to resort to
an ordinary action for a final determination of their conflicting claims
8
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
3. DISTRIBUTION (R90 S1) – after all debts & expenses have been paid, distribute net
estate among known heirs/devisees/legatees & all other interested persons
Conflict of interest
Cases: (a) Jaroda vs. Cusi – an administrator is not permitted to deal with him/herself as an
individual in any transaction concerning property of the estate
(b) Mananquil vs. Villegas – per Art. 1646, CC (cf. Art. 1491), execs./admins are
prohibited from being lessees (personally or through another) of estate prop.
In sum: puwedeng magpaupa, pero hindi puwedeng umupa!
XPN: It should be considered when the administrator was able to stop what
appeared to be an improvident disbursement of a substantial amount w/o
having to employ outside legal help @ additional expense to the estate
3. STIPULATION IN THE WILL RE: COMPENSATION
GR: Deemed full compensation!
XPN: Executor/administrator renounces claim under stipu. by written inst. filed in court
Improper charges
9
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
Cases: (a) Sison vs. Teodoro – expenses incurred by an executor/administrator for the filing
of a bond do not constitute a proper charge against the estate
(b) Uy Tioco vs. Imperial – fees for the attorney of an executor/administrator are the
latter’s personal liability (XPN: if beneficial to the estate & reasonable, the
executor/administrator is entitled to reimbursement)
10
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
11
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
12
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
13
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
R91 (escheats)
NO will & heirs → ESTATE BECOMES PROPERTY OF THE STATE
Filed by SolGen or his representatives w/ the RTC!
Venue (S1) – (a) Resident decedent: last residence
(b) Non-resident decedent: in w/c he/she had estate
Procedure (S2-3)
1. Order of hearing (date ≤6 MOS. after entry)
[+publication at least once a week for 6 successive weeks in a newspaper of gen. circ.]
Case: Hamilton vs. Brown – judgment in escheat proceedings, when rendered
by a court of competent jurisdiction, is conclusive against all persons with
(actual/constructive) notice, but not against those not parties/privies thereto
2. Payment of debts & charges (if any)
3. Court adjudges that the estate shall escheat as follows:
(a) Personalty: municipality/city where deceased last resided
(b) Realty: municipalities/cities in w/c the same is situated
Additional rules:
- If deceased never resided in PH: the entire estate may be assigned to the
respective municipalities/cities where the same is located
- Est. of permanent trust: court may, at instance of interested party, or motu proprio
Purpose: so that only the income from the property may be used
14
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
Claim to escheated property (S4) – filed by heir w/in 5 YEARS from date of escheat judgment
Cases: In re: Estate of Lao Sayco, Republic vs. CA & Solano – the person who lays claim to
the property left by the decedent as heir must prove his identity & rights
R109 (appeals in special proceedings) – from J/O rendered by RTC (or J&DRC)
Appealable matters (& exceptions) (S1) [ADCAS-FINAL]
1. Allows/disallows a will
2. Determines the lawful heirs; their shares
3. Re: claims against the estate
4. Settles the account of exec./admin, trustee, guardian
5. Re: settlement of estate; administration of trustee/guardian, final determination of the
rights of party appealing (XPN: No appeal from app’t of sp. adm. [“sound discretion”])
6. Final J/O in the case, affecting substantial rights of appellant (XPN: Order re: MR/NT)
Case: Republic vs. Nishina – R109 contemplates multiple appeals during the pendency of
special proceedings (requiring [record on appeal + notice of appeal], as the original records of
the case should remain w/ the court below to enable the rest of the case to proceed in the event
that a separate & distinct issue is resolved by said court and held to be final)
Where no other matter remains to be heard & determined, no record of appeal is needed
Advance distribution (S2)
1. Re: settlement of estate
2. Notwithstanding a pending controversy/appeal (re: part of estate not affected by same)
3. Discretionary upon the court (& in terms it deems just/proper)
4. R90 applies
(This section is lifted from the Deja Entendu Notes on Civil Law, with a few changes to
reflect a bigger focus on adoption’s Remedial Law aspects.)
15
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
16
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
17
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
18
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
GR: No entry in a civil register shall be changed or corrected w/o judicial order
XPN 1. Clerical/typographical errors
: 2. Change of first name/nickname … where it is patently clear that there
3. Change of day & month in the was a clerical/typographical
DOB error/mistake in the entry
4. Change of sex of a person
… which can be corrected/changed by the concerned city/municipal civil registrar or
consul general in accordance w/ the provisions of RA 9048 as amended by RA
10172 & the IRR (Sec. 1, as amended)
1. Any [natural (Sec. 2(2))] person having direct & personal interest in the correction of a
clerical/typographical error in an entry and/or change of first name/nickname may file, in
person, a verified petition w/ the city/municipal civil register or consul general.
19
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
2. Any person of legal age, having direct and personal interest in the correction of a clerical
or typographical error in the day and/or month in the date of birth of a person in the civil
register for birth, may file the petition.
└ A person is considered to have direct and personal interest when [s]he is the:
Owner of the record; or
The owner's spouse, child, parent, brothers, sister, grandparent, guardian; or
Any other person duly authorized by law or by the owner of the document
sought to be corrected…
… provided that when a person is a minor or physically or mentally incapacitated, the
petition may be filed on his/her behalf by his/her spouse, or any of his/her children,
parents, brothers, sisters, grandparents, guardians, or persons duly authorized by law.
(IRR, Rule 3)
3. For correction of a clerical or typographical error in sex, the petitioner affected by such
error shall personally file the petition with the civil registry office where the birth
certificate is registered. (IRR, Rule 3)
+ a certification from the appropriate law enforcement agencies that he has no pending case or
no criminal record. (Sec. 3) Note that all petitions may be availed of only once. (Sec. 5, as
amended)
└ RE: change of name –
Change shall be reflected in the birth certificate by way of marginal annotation
In case there are other civil registry records of the same person which are
affected by such change, the decision of approving the change of first name in
the birth certificate, upon becoming final and executory, shall be sufficient to be
used as basis in changing the first name of the same person in his other affected
records w/o need for filing a similar petition; successful petitioner need only file a
written request/ the concerned C/MCR, CG or D/CR to make such marginal
annotation, attaching thereto a copy of the decision. (2001 IRR, Rule 12)
If petitioner resides/is domiciled in the … w/ the local civil registry office of the
city/municipality where the record is city/municipality where the record sought to
kept… be corrected/changed is kept
If petitioner has already migrated to … w/ the local civil registrar of the place
another place in the country & it would where the interested party is presently
not be practical for him/her, in terms of residing/domiciled; the two local civil
transportation expenses, time, & effort, to registrars concerned will then communicate
appear in person… to facilitate the processing of the petition
If petitioner is presently residing/domiciled … w/ the nearest Philippine Consulate (Sec.
in a foreign country… 5, as amended)
The verified petition shall be filed, in person, with the civil register of the city or municipality – or
the Philippine Consulate, as the case may be – where the record containing the entry of sex in
the birth certificate to be corrected is registered. (IRR, Rule 4)
20
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
The petition must be in the form of an affidavit, subscribed and sworn to before any person
authorized by law to administer oaths, and is to:
Petitions for change of first name/nickname must be based on the following grounds:
1. Certified true machine copy of the certificate/page of the registry book containing the
entry/entries to be corrected/changed;
2. At least two (2) public/private documents showing the correct entry/entries upon w/c the
correction/change shall be based; &
3. Other documents w/c may be considered relevant and necessary (by the petitioner or
the civil registrar) for the approval of the petition. (Sec. 5, as amended)
… + above requirements +
clearance/certification that the owner of the
document has no pending
administrative/civil/criminal case, or no
If petition is for change of first
criminal record, w/c shall be obtained from
name/nickname…
the: (a) employer, if employed; (b) NBI; (c)
PNP + affidavit of publication from the
publisher and a copy of the newspaper
clipping (2001 IRR, Rule 8)
… above requirements + earliest school
record/documents, medical records,
If petition is for correction of erroneous baptismal certificate and other documents
entry concerning DOB… issued by religious authorities + affidavit of
publication from the publisher and a copy of
the newspaper clipping (IRR, Rule 6)
If petition is for correction of erroneous … above requirements + earliest school
entry concerning sex… record/documents, etc. + a certification
issued by an accredited government
physician attesting to the fact that the
petitioner has not undergone a sex
change/transplant procedure (Sec. 5, as
amended) + affidavit of publication from the
publisher and a copy of the newspaper
21
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
The petition shall be published at least once a week for two (2) consecutive weeks in a
newspaper of general circulation. (Sec. 5, as amended) [see also posting requirement c/o
C/MCR in later pages]
└ RE: migrant petitioners – petition to be posted first at the office of the PRCR for ten
(10) consecutive days before sending it to the RKCR, who shall, upon receipt, post
same at his office for another ten (10) consecutive days; when the petition is for
change of first name, migrant petitioner shall publish the petition in a newspaper of
general & national circulation.
└ RE: petitioner in foreign country – Posting and/or publication, as the case may be,
shall be done in the place where the petition is filed & in the place where the record
sought to be corrected is kept. (2001 IRR, Rule 9)
The city/municipal registrar (or the consul general, as the case may be) is authorized to collect
reasonable [filing] fees as a condition for accepting the petition. An indigent petitioner shall be
exempt therefrom. (Sec. 8, as amended)
└ Fees = to accrue to –
└ Funds of the Local Civil Registry Office concerned; or
└ Office of the Consul General
… for modernization of the office, hiring of new personnel, and procurement of supplies;
subject to government accounting & auditing rules. (Sec. 8, as amended)
22
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
For petitions filed with the Consul $150 or its equivalent value in local currency
General…
For migrant petitions… P1,000 service fee collected by the PRCR
When petitioner/document owner files a P3,000, corresponding to the fee under RA
petition under RA 9078 simultaneously w/ 10172
one under RA 10172, involving the same
document…
└ (2001 IRR, Rule 18; IRR, Rule 10)
The civil registrar/consul general to whom the petition is presented must (in order):
23
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
Rules on appeal:
The Civil Registrar General shall immediately notify the city/municipal civil registrar or consul
general of the action taken on the decision. Upon receipt of the notice thereof, the latter shall
notify the petitioner of such action. The petitioner may either seek reconsideration w/ the Civil
Registrar General or file the appropriate petition w/ the proper court. (Sec. 7)
If the Civil Registrar General fails to exercise his power to impugn the decision of the
city/municipal civil registrar or of the consul general within the 10-day period, the decision
becomes final & executory. (Sec. 7)
24
[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]
deja [already] + entendu [heard] = you’ve heard all of this before
25